The Samagi Jana Balawegaya legal team headed by Attorney at Law Farman Cassim , has drafted the document that will be used as the premise to prosecute the perpetrators of the Easter Sunday massacre. This document has been endorsed by Sajith Premadasa and it will implement it under a future SJB government according to Rehan Jayawickreme.
Pathways 2 Justice for Easter Sunday bombing victims
Special Investigative Commission
Under Section 2 of the Commission of Inquiry Act No 17 of 1948 a Commission of Inquiry will be instituted warranted to conduct an investigation or inquiry or both on investigation and inquiry as the case may be in the interest of public safety or well-being under an in terms of Section 2 (1) (C) of the Commission of inquiry act 17 of 1948.
The Commission will comprise between 7- 9 members including of two foreign judges and one foreign investigator, two local judges, one local investigator, and one presidential council. The chairman will be a local judge. This hybrid composition of members of the Commission will allay misconceptions of impartiality and bias. The multi-faced composition is designed to provide a comprehensive credible transparent and impartial approach to investigating the matter set out in the warrant
The Special Investigation Commission is to be constituted within two months of being elected as president.
Warrant to encompass, but not limited to, the following aspects:
1. Conducting diagnostics within the existing intelligence apparatus at the time.
2. Scrutinizing the chain of command within the intelligence apparatus.
3. Analyzing the hierarchy and the flow of information from informants and operatives within the intelligence apparatus.
4. Investigating instances of failure, negligence, and deficiencies in acting upon available information.
5. Identifying individuals and/or entities liable and/or negligent in failing to act and/or dereliction of available information.
6. Acquiring information and statements from both past and present investigation officers.
7. The Commission will not be barred from hearing any matter whatsoever and/or taking statements from any authority and/or agency whomever and will be empowered to invoke Section 2(d) of the Commission of Inquiry Act No. 17 of 1948 if and when necessary.
8. Investigating and reaching conclusions and giving directions regarding the responsible persons/entities, both local and foreign, involved in the “Easter bombings”.
9. Formulating recommendations to address existing deficiencies within the intelligence apparatus that contributed to the tragic events in order to prevent and or pre-empt such catastrophes.
Permanent Investigative Office
In order to conduct a comprehensive, transparent, and credible investigation post haste, a permanent secretariat/office of the Scotland Yard/ Federal Investigation Bureau (FBI) will be established to work in tandem with the local investigation officers as well as other foreign investigation entities, in order to come to a final determination.
Such an office will be established concurrently to collaborate closely with the Special Investigative Commission as empowered under Section 23 of the Commission of Inquiry Act No. 17 of 1948 and thereby augmenting and supplementing the seamless flow of
information and resources, leading to more effective and thorough investigations.
The Permanent Investigative Office is to be established within 6 weeks of the constitution of the Special Investigative Commission.
e This initial warrant will be for a period of 8 months and the Special Investigative Commission will be encouraged to conclude and formulate the report within a period of 12 months.
